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Don't call it soy milk, Rep. Welch says

Rep. Peter Welch, D-Vt., has written to the FDA asking that alternative products to dairy such as soy- and almond-derived beverages be banned from using the word "milk."(Photo: STEVE J.P. LIANG/USA TODAY NETWORK, FILE)

Rep. Peter Welch is mounting a new campaign against the words soy milk, almond milk and rice milk.

Impostors, he says.

Welch, D-Vt., is asking the Food and Drug Administration to enforce the definition of "milk" — as in, a beverage that comes from cows — and require non-dairy drinks that currently market themselves as "milk" to find another name.

Welch argues that plant-based products using the name "milk" are freeloading off milk ads paid for by dairy farmers, such as the "Got Milk?" campaign.

“You have these other products that are basically free-riding on the advertising about milk and its specific, positive qualities," Welch said in a telephone interview.

The non-dairy milk products are misleading to consumers, Welch says, at a time when dairy farmers are struggling to make ends meet.

"It’s really salt in the wound," Welch said. He said soy beverages elsewhere in the world are labeled simply "drinks."

Rep. Peter Welch, D-Vt.(Photo: AP)

Welch was joined by Rep. Mike Simpson, R-Idaho, and 23 other members of Congress from dairy-producing states in sending a letter Friday to FDA Commissioner Robert Califf.

“We urge FDA to enforce this matter by requiring plant-based products to adopt a more appropriate name that does not include the word ‘milk,’” Welch and the other members of Congress wrote in their letter.

The Soyfoods Association of North America, which represents soy milk manufacturers, also has sought clarification on the "milk" label, Executive Director Nancy Chapman said.

Chapman said her organization filed a petition with FDA in 1997 seeking permission to use the name "soymilk," which she said should always be written as a single word. The FDA never made a decision on the request, Chapman said, but a federal judge in California dismissed claims last year that "soymilk" was misleading.

People seek out soy milk, Chapman said, because they know it contains no dairy.

“It has been used worldwide and in the United States for nearly 80 years," Chapman said of the term.

Welch and other Vermont elected officials have mounted a similar campaign against fake maple products.

This article was first published online Dec. 16, 2016, and has been updated.

Contact April McCullum at 802-660-1863 or amccullum@freepressmedia.com. Follow her on Twitter at @April_McCullum.

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Read the letter

Dear Commissioner Califf:

We strongly believe that the use of the term “milk” by manufacturers of plant-based products is misleading to consumers, harmful to the dairy industry, and a violation of milk’s standard of identity. We request that the Food and Drug Administration (FDA) exercise its legal authority to investigate and take appropriate action against the manufacturers of these misbranded products.

As you know, dairy farmers are facing a serious financial crisis. These hard working Americans have experienced deep cuts in income as milk prices have plunged 40 percent since 2014. While the Administration has taken steps to address this crisis, market forecasts predict that the dairy industry will continue to face depressed prices in the immediate future. Unless more is done, many more farmers will be forced to sell their herds.

It is against this backdrop that we write concerning the mislabeling of imitation “milk” products. In recent years, there has been tremendous growth in the sale of plant-based products often labeled as “milk”. A recent Neilson survey revealed that in the past five years, sales of certain plant-based grew 250 percent to more than $894.6 million. By contrast, sales of milk fell 7 percent in 2015.

While consumers are entitled to choose imitation products, it is misleading and illegal for manufacturers of these items to profit from the “milk” name. These products should be allowed on the market only when accurately labeled. We urge FDA to enforce this matter by requiring plant-based products to adopt a more appropriate name that does not include the word “milk”.

As you are aware, milk has a clear standard of identity defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows” (21 CFR 131.110). Milk, produced by the mammary gland, also has a unique nutritional value, providing an excellent source of protein and a wide array of vitamins and minerals, including calcium, vitamins A and D, and potassium. Plant-based products clearly fail to meet this standard of identity. They are unable to match the nutritional makeup of the product they mimic, yet they continue to be marketed as milk.

While addressing this serious issue will not solve all the challenges confronting dairy farmers, it is an important part of the solution that will also provide consumers with the accurate information they expect. We urge you to initiate a thorough investigation and appropriate enforcement action.

Thank you for your consideration of this request. We look forward to your timely response.